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HOUSE BILL 443
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Art De La Cruz and Antonio Maestas
AN ACT
RELATING TO LIQUOR CONTROL; AMENDING SECTIONS OF THE LIQUOR
CONTROL ACT TO ALLOW PERSONS AT LEAST EIGHTEEN YEARS OF AGE TO
DELIVER AND STOCK PACKAGED ALCOHOLIC BEVERAGES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 60-7B-10 NMSA 1978 (being Laws 1981,
Chapter 39, Section 90, as amended) is amended to read:
"60-7B-10. MINORS IN LICENSED PREMISES--REGULATIONS.--
A. Any person licensed pursuant to the provisions
of the Liquor Control Act or any employee, agent or lessee of
that person who permits a minor to enter and remain in any area
of a licensed premises that is prohibited to the use of minors
is guilty of a violation of the Liquor Control Act.
B. A minor shall not enter or attempt to enter any
area of a licensed premises that is posted or otherwise
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identified as being prohibited to the use of minors, except as
authorized by regulation or as necessitated by an emergency. A
person who violates the provisions of this subsection is guilty
of a petty misdemeanor and shall be punished pursuant to the
provisions of Section 31-19-1 NMSA 1978.
C. The director of the [alcohol and gaming ]
alcoholic beverage control division of the regulation and
licensing department shall adopt [regulations ] rules
classifying the types of licensed premises or areas of licensed
premises where minors may be present. The director shall
require that signs issued by the division be posted by
licensees to inform the public, including minors, of the areas
in licensed premises that are open to minors. The
[regulations] rules may allow minors in those areas of licensed
premises where:
(1) the consumption of alcoholic beverages is
the primary activity, when a minor is accompanied by a parent,
adult spouse or legal guardian;
(2) there is no consumption of alcoholic
beverages; or
(3) the minor is at least eighteen years of
age [and licensed under the New Mexico Commercial Driver's
License Act] and is making a delivery of packaged alcoholic
beverages to a holder of a dispenser's, retailer's, restaurant,
club, small brewer, winegrower, craft distiller, manufacturer's
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or rectifier or any other license that allows for the purchase
and delivery of alcoholic beverages or stocking such packaged
alcoholic beverages."
SECTION 2. Section 60-7B-11 NMSA 1978 (being Laws 1981,
Chapter 39, Section 91, as amended) is amended to read:
"60-7B-11. EMPLOYMENT OF MINORS.--
A. Except as provided in Subsection B or C of this
section, it is a violation of the Liquor Control Act for any
person licensed pursuant to the provisions of the Liquor
Control Act or for any employee, agent or lessee of that person
knowingly to employ or use the service of any minor in the sale
and service of alcoholic beverages.
B. A person holding a dispenser's, restaurant or
club license may employ persons eighteen years of age or older
to sell or serve alcoholic beverages in an establishment that
is held out to the public as a place where meals are prepared
and served and the primary source of revenue is food, and where
the sale or consumption of alcoholic beverages is not the
primary activity, except that a person under twenty-one years
of age shall not be employed as a bartender or deliverer.
C. A person holding a wholesaler's license may
employ persons eighteen years of age or older [who are licensed
pursuant to the New Mexico Commercial Driver's License Act ] to
engage in activities customary to warehouse operations and to
handle and deliver alcoholic beverages to licensees holding a
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dispenser's, retailer's, restaurant, club, small brewer,
winegrower, craft distiller, manufacturer's, rectifier or any
other license that allows for the purchase and delivery of
alcoholic beverages by a licensed wholesaler, and to stock
alcoholic beverages as long as the minor delivers or stocks
sealed, unbroken packages, including containers such as
bottles, cans and kegs. A person under the age of twenty-one
shall not be allowed to sample alcoholic beverages to
accounts."
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